Back and Spinal Claims

You will usually have 3 years to claim compensation for a back or spinal injury that you experienced. This time limit may be counted from when the injury happened or when you realised it may have been the result of medical negligence, depending on the circumstances.

Different time limits may apply in certain situations, however, including where:

• The claimant is under 18 – Their parents or guardians will have until they turn 18 to bring a claim. If they do not do so, the claimant will be able to bring their own claim once they turn 18, with a deadline of their 21st birthday.
• The claimant lacks the mental capacity to bring a claim – There is no time limit for someone else to bring a claim for them.
• The claim is with respect to someone who died due to negligent treatment of a back or spinal condition – There is normally a 3-year time limit from the date of death for their dependants or representatives of their estates to bring a claim.

Knowing which time limit applies to your situation and whether you still have time to make a claim can depend on a number of factors, so we strongly recommend speaking to a member of our team, no matter how much time has passed.

The value of your claim will depend on several factors, including:

• How serious the injury is.
• The impact the injury is having on you or your loved one’s life.
• Any specific costs that have been incurred due to the injury.

The compensation you can receive for a back injury is normally split into two types of damages:

Special damages – Covering specific financial losses incurred up to the date of settlement e.g. paying for treatment, medication and special equipment, as well as things like lost earnings due to having to give up work.

General damages – Covering non-financial losses e.g. pain, suffering and changes to your lifestyle, as well as predicted future financial losses, such as being unable to return to work due to your injuries.

This is a common concern as many people are intimidated by the thought of attending a court hearing. However, in our experience this is rarely necessary as most back and spinal injury claims can be resolved out of court.

We have a strong focus on non-confrontational dispute resolution, meaning many claims can be settled through negotiation and alternative dispute resolution without the need to initiate court action. Even when court proceedings have been started, most claims are resolved with a pre-trial settlement and don’t end up in court.

In those rare cases where a court hearing is needed to achieve a fair outcome, however, you can rest assured that we have the skills and experience to give you the best possible representation.

As well as our own team, we also have strong links with specialist barristers and other experts, meaning however your claim proceeds, we can support you effectively every step of the way.